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Taitz v Astrue - USDC HI - Memorandum in Opposition to Plaintiff's Emergency Ex Parte Motion w/Exhibits - Obama Birth Certificate

Taitz v Astrue - USDC HI - Memorandum in Opposition to Plaintiff's Emergency Ex Parte Motion w/Exhibits - Obama Birth Certificate

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Taitz v Astrue - USDC HI - Memorandum in Opposition to Plaintiff's Emergency Ex Parte Motion w/Exhibits - Obama Birth Certificate - 8/24/2011 - http://www.BirtherReport.com
Taitz v Astrue - USDC HI - Memorandum in Opposition to Plaintiff's Emergency Ex Parte Motion w/Exhibits - Obama Birth Certificate - 8/24/2011 - http://www.BirtherReport.com

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Published by: ObamaRelease YourRecords on Aug 25, 2011
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09/27/2011

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DAVID M. LOUIE 2162Attorney General,State of Hawai‘iHEIDI M. RIAN 3473JILL T. NAGAMINE 3513REBECCA E. QUINN 8663Deputy Attorneys General465 South King Street, Room 200Honolulu, Hawaii 96813Telephone: (808) 587-3050Facsimile: (808) 587-3077Attorneys for Loretta FuddyDirector of Health, State of HawaiiIN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF HAWAIIORLY TAITZ,Plaintiff,vs.MICHAEL ASTRUE,Commissioner of the Social SecurityAdministration,Defendant.CIVIL NO. 1:11-cv-00519-SOM-RLPLORETTA FUDDY, DIRECTOR OFHEALTH, STATE OF HAWAII’SMEMORANDUM IN OPPOSITION TOPLAINTIFF’S EMERGENCY EX-PARTE MOTION FOR EMERGENCYORDER TO SHOW CAUSE AND TOCOMPEL ATTENDANCE FORPRODUCTION OF DOCUMENTSAND FOR ATTORNEY’S FEES ANDCOSTS FILED ON AUGUST 8, 2011;DECLARATION OF JILLNAGAMINE; DECLARATION OFKEITH YAMAMOTO; EXHIBITS “A”-“C”; CERTIFICATE OF SERVICEHEARINGDATE: September 14, 2011TIME: 9:00 a.m.JUDGE: Honorable Richard L.Puglisi
Case 1:11-cv-00519-SOM -RLP Document 9 Filed 08/24/11 Page 1 of 14 PageID #: 39
 ( Copy courtesy of www.ObamaReleaseYourRecords.com - www.BirtherReport.com )
 
431267_1.DOC
 
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LORETTA FUDDY, DIRECTOR OF HEALTH,STATE OF HAWAII’S MEMORANDUM IN OPPOSITION TOPLAINTIFF’S EMERGENCY EX-PARTE MOTION FOR EMERGENCYORDER TO SHOW CAUSE AND TO COMPEL ATTENDANCE FORPRODUCTION OF DOCUMENTS AND FORATTORNEY’S FEES AND COSTS
Loretta Fuddy, Director of Health, State of Hawai‘i by and through herattorneys, David M. Louie, Attorney General, and Heidi M. Rian, Jill T.Nagamine, and Rebecca E. Quinn, Deputy Attorneys General, hereby submits herMemorandum in Opposition to Plaintiff’s Emergency Ex-parte Motion forEmergency Order to Show Cause and to Compel Attendance for Production of Documents and For Attorney’s Fees and Costs filed on August 8, 2011. (“Motionto Compel”)
I. INTRODUCTION
Plaintiff, Orly Taitz, (“Plaintiff”) contends that the original birth record of President Barack Obama ( “President”) is relevant to the underlying cause of action. As such, she prepared a subpoena to be issued out of the Hawai‘i DistrictCourt to a non-party, Loretta Fuddy, Director of Health, State of Hawaii(“Director”), to produce the President’s original birth certificate on August 8,2011 for the purposes of inspecting and testing the document. Plaintiff sent thesubpoena by certified mail to the Attorney General of Hawaii on July 11, 2011.On July 27, 2011, Plaintiff sent the Director a letter indicating that the subpoenahad been sent to the Attorney General of Hawaii along with a copy of the
Case 1:11-cv-00519-SOM -RLP Document 9 Filed 08/24/11 Page 2 of 14 PageID #: 40
 ( Copy courtesy of www.ObamaReleaseYourRecords.com - www.BirtherReport.com )
 
431267_1.DOC
 
3subpoena. Despite Plaintiff’s failure to serve the subpoena in accordance withFed.R.Civ.P. 45(b)(1), the Director, through her counsel, delivered writtenobjections to Plaintiff pursuant to and within the time mandates of Fed.R.Civ.P. 45.In that letter, the Director’s counsel addressed the manner of service and the meritsof the subpoena. A true and correct copy of the letter written by the Director’scounsel is attached as Exhibit “A” to the Declaration of Jill T. Nagamine(“Nagamine Decl.”) filed herein.Plaintiff appeared at the offices of the Department of Health on August 8,2011 and demanded immediate access to the President’s birth certificate. KeithYamamoto Declaration (“Yamamoto Decl.”) at ¶ 3
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She was met by a designatedrepresentative of the Director of Health who was there to inform Plaintiff that shewould not be given access to the President’s original birth certificate. YamamotoDecl. at ¶ 3
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Plaintiff was also asked if there was anything she wanted to serve onthe Director or the Director’s designee and Plaintiff said she did not, insisting thatshe had already served the subpoena. Yamamoto Decl. at 5
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Soon thereafter,Plaintiff filed the present Motion to Compel.The Motion to Compel should be denied for the following reasons: First,Plaintiff failed to serve the subpoena in accordance with the clear requirements of Fed.R.Civ.P. 45 even when given the obvious opportunity; second, even if serviceof the subpoena is deemed valid, all vital statistics records, such as the President’s
Case 1:11-cv-00519-SOM -RLP Document 9 Filed 08/24/11 Page 3 of 14 PageID #: 41
 ( Copy courtesy of www.ObamaReleaseYourRecords.com - www.BirtherReport.com )

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GeorgetownJD added this note
Ahhh, we finally get to see the August 8 letter that Orly did not want anyone to see.

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